Any time a person buys or sells a property, they need to know what they own. Every inch matters for things like liability, value, and much more. Owning land is not like owning a car or a boat. Those have permanent, tangible lines. Properties change and move, and the lines in between them are invisible,
That is why land surveys are an effective way to address issues related to land transactions. Yet many people buy and sell a home or office without them. Are they required? Are they optional? Are they always needed?
Do You Have to Get a Property Survey?
On Long Island, a property survey is not legally required for every real estate transaction. It is usually legally optional unless there have been disputes or issues where the court has determined one must be conducted.
In practice, however, though it is still not required, it is often treated as necessary by lenders, title companies, attorneys, and those buying larger properties. Whether or not you must obtain one depends on how the purchase is being made, the type of property involved, and the amount of risk you are willing to assume.
A survey answers questions that deeds and tax maps cannot. It provides not only the exact location of property boundaries but also the relationship between those boundaries and existing improvements. Without one, you may be buying a property without truly knowing where the lines are drawn, or what limitations exist on your ability to use it.
When a Survey Is Usually Required by Some Party
Though it may not be required by law, there are many situations in which some type of party (eg, a bank) will still require a survey. For example:
- If You Are Financing With a Mortgage – Many banks will not issue a mortgage without a current property survey. The survey ensures that the legal description of the property is accurate and that there are no hidden issues – such as encroachments or missing access rights – that could reduce the property’s value. Lenders require this because if they ever have to foreclose, they need to know exactly what they can resell.
- If a Title Company Is Involved – Title insurance companies often require an updated survey before issuing a policy. A survey protects the insurer from having to cover costly claims related to property boundaries, such as a neighbor’s fence or garage crossing onto the lot. On Long Island, it is common practice for title insurers to request a survey, especially for older properties where the records may not reflect current conditions.
- If There Are Visible or Suspected Issues – If a property has unusual lot shapes, older fences, or additions that appear close to the property line, attorneys and lenders may insist on a survey to confirm whether there are encroachments or violations. For example, if a neighbor’s driveway cuts across the property or if a shed sits near the edge of the yard, only a survey can show whether those structures fall within legal boundaries.
- Commercial Properties – For commercial and multi-family transactions, title surveys (often ALTA/NSPS surveys) are almost always required. These provide more detail than standard boundary surveys, including easements, rights-of-way, and recorded restrictions. Lenders and investors will not proceed without them.
Something to keep in mind is that some of these needs are more common in Long Island than in other states. If you used to live in California, for example, it is unlikely you needed a title survey as most homes are on clearly defined lands.
But in New York, and especially Long Island, older housing stock, higher population density, the increased likelihood of an attorney being involved in real estate transactions (something that occurs less often in other states), and municipal regulations all make it more common to need them here than it might have been in your previous state.
When a Survey May Not Be Required
Still, because surveys are not legally required, there are situations in which you may not need one for any legal purpose. These include:
- Cash Purchases – If you are paying cash for a property, there is no state law on Long Island that forces you to order a survey. You could close on a home or parcel of land without one. However, by doing so you are taking on all the risks yourself. If you later discover an encroachment or easement problem, it may be too late to address it.
- Recent, Reliable Surveys on File – Sometimes a lender or title company will accept an existing survey, provided it is recent (often less than 10 years old), stamped by a licensed surveyor, and no changes have been made to the property since it was completed. If the property has been altered – for example, if an addition, pool, or fence has been built, the survey may no longer be valid.
- Transactions in Subdivisions – In some suburban neighborhoods with standardized, platted lots, the risk of major boundary issues is lower. In those cases, attorneys may allow a transaction to move forward without a new survey. Still, even in subdivisions, fences, landscaping, and easements can create disputes that only a survey would reveal.
So, while title surveys may be requested or required for a variety of transactions, there are still many instances where they are not.
Why Skipping a Survey Can Be Risky
While a survey may not always be required by a 3rd party, avoiding one often creates larger problems later. On Long Island, where many homes were built decades ago, recorded deeds and maps do not always match current conditions. Common issues include:
- Encroachments – A neighbor’s fence, shed, or driveway may cross onto your land, or vice versa. These situations are common in dense neighborhoods.
- Easements and Rights-of-Way – Utility companies, municipalities, or neighboring owners may have recorded rights to use part of your property. Without a survey, you may not realize that a section of your yard cannot be built on.
- Outdated or Inaccurate Records – Deeds and tax maps may show dimensions that do not align with the actual property. An older survey may also fail to capture changes that happened over time.
- Resale and Refinancing Problems – If you skip the survey when you buy, you may be forced to get one later when you refinance or sell, and at that point you could discover costly issues.
For example, a buyer may close on a Long Island home without a survey, only to later find that part of the neighbor’s garage extends onto their property. Resolving the issue could require legal action, easement agreements, or even demolition — all of which could have been avoided if a survey was ordered at closing.
Why Clarity Matters in Long Island Transactions
Even though surveys are not mandated by law in every real estate transaction, they are an important safeguard. They provide certainty about what is being bought and sold, and they protect both buyers and lenders from expensive surprises.
On Long Island, where lots are smaller, older, and often surrounded by longstanding structures, the potential for disputes is higher than in newer parts of the country.
If you are involved in a real estate transaction, please reach out to Aerial Land Surveying today to inquire about our services.